APPENDIX B - FRANCHISES\PIONEER TELEPHONE ASSOCIATION (TELEPHONE FRANCHISE)

ORDINANCE NO. 2006-7

AN ORDINANCE GRANTING THE PIONEER TELEPHONE ASSOCIATION, INC. (PIONEER), A KANSAS CORPORATION, ITS SUCCESSORS AND ASSIGNS, A TELEPHONE FRANCHISE; PRESCRIBING THE TERMS AND CONDITIONS THEREOF; AND REPEALING ALL PRIOR FRANCHISE ORDINANCES GRANTED BY THE CITY OF DEERFIELD, KANSAS (CITY) TO PIONEER.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF DEERFIELD, KANSAS:

SECTION 1. That in consideration of the benefits to be derived by the City of Deerfield, Kansas (City), and its inhabitants, there is hereby granted to the Pioneer Telephone Association, Inc. (Pioneer), the right privilege and authority for a period of five (5) years from the effective date of this Ordinance, to occupy and use the present and future streets, avenues, alleys and other public places of City and such future annexed areas for the placing and maintaining of telephone lines, together with all necessary and desirable appurtenances, including underground conduits, poles, towers, and wires necessary to carry on the business of a telephone public utility and render telephone services to City, its inhabitants and persons and corporations beyond the limits thereof.

 SECTION 2. As further consideration for the granting of this franchise, Pioneer shall pay to City during the term of this franchise, Five Hundred Dollars ($500.00) per year, payable on the first day of the month after this Ordinance becomes effective.

SECTION 3. All work performed and facilities constructed under this franchise shall be performed and constructed in a safe and workmanlike manner in accordance with prescribed rules, regulations, and laws of City, State of Kansas, and all other entities with jurisdiction over the acts of Pioneer. Pioneer shall hold City harmless from any and all claims and actions, litigation or damage, arising out of the passage of this Ordinance, the granting of this franchise, or the construction, erection, installation, maintenance, operations, or conduct of Pioneer’s employees or agents, including court costs and reasonable attorney’s fees in making defense against any and all claims; provided however, Pioneer shall not hold City harmless from claims and actions, litigation or damage arising out of the negligence of City, its employees or agents.

SECTION 4. All earth, materials, sidewalks, paved crossings, public improvements, or private property of any kind injured or removed by Pioneer shall be fully repaired and replaced promptly by Pioneer to the reasonable satisfaction of City, or the private property owner affected. In the event Pioneer neglects or refuses to make such repairs or neglects or refuses to replace such earth, materials, sidewalks, paved crossings, or improvements within a reasonable time, Pioneer shall promptly reimburse City for any and all expenses City may incur in making such repairs or replacing such earth, materials, sidewalks, paving crossing, public improvements, or private property to meet the specifications and requirements of City.

SECTION 5. If any clause, sentence or section of this Ordinance is deemed invalid by any judicial, regulatory or legislative body having proper jurisdiction, the remaining provisions shall not be affected.

SECTION 6.      Any waiver of any obligation or default under this franchise shall not be construed as a waiver of any future defaults, whether of like or different character.

SECTION 7. That within sixty (60) days from and after the passage and approval of this Ordinance, Pioneer shall file with the City Clerk of Deerfield, Kansas, its unconditional written acceptance of this Ordinance.

SECTION 8. That any and all prior franchise ordinances between City and Pioneer should be and hereby are repealed, to be replaced by this Ordinance.

SECTION 9. That this Ordinance shall become effective and be in force and shall be and become a binding contract between the parties hereto, their successors and assigns, from and after its passage, approval, and publication as required by law, and acceptance by Pioneer.

SECTION 10. This franchise is granted pursuant to the provisions of K.S.A.12-2001.